[Amended 11-6-2006 by Ord. No. 202; 1-16-2012 by Ord. No. 237]
A.
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania
has, by the passage of the Pennsylvania Floodplain Management Act
of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Board
of Supervisors of the Township of Washington does hereby order as
follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Intent. The intent of this article is to:
(1)
Promote general health, welfare, and safety of the community;
(2)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future;
(3)
Minimize danger to public health by protecting water supply
and natural drainage;
(4)
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding; and
(5)
Comply with federal and state floodplain management requirements.
C.
Applicability.
(1)
It shall be unlawful for any person, partnership, business,
or corporation to undertake, or cause to be undertaken, any construction
or development anywhere within Washington Township floodplain areas
unless a permit has been obtained from the Floodplain Administrator.
(2)
A permit shall be required for any construction or development
that is undertaken within any floodplain area of Washington Township,
including minor repairs to existing buildings or structures.
D.
Abrogation and greater restrictions. This article supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other Code provisions shall remain
in full force and effect to the extent that those provisions are more
restrictive. If there is any conflict between any of the provisions
of this article, the more restrictive shall apply.
E.
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this article shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the article, which shall remain in full force and effect, and for
this purpose the provisions of this article are hereby declared to
be severable.
F.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of this article
is considered reasonable for regulatory purposes and is based on accepted
engineering methods of study. Larger floods may occur or flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This article does not imply
that areas outside any identified floodplain areas, or that land uses
permitted within such areas, will be free from flooding or flood damages.
(2)
This article shall not create liability on the part of Washington
Township or any officer or employee thereof for any flood damages
that result from reliance on this article or any administrative decision
lawfully made thereunder.
G.
Administration.
(1)
Designation of the Floodplain Administrator. The Code Enforcement
Officer is hereby appointed to administer and enforce this article
and is referred to herein as the Floodplain Administrator.
(2)
Duties and responsibilities of the Floodplain Administrator.
(a)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and regulations.
(b)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[2] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[3] the Pennsylvania Clean Streams Act (1937-394, as amended);[4] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
(c)
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
regulations. He/she shall make as many inspections during and upon
completion of the work as are necessary.
(d)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises,
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this chapter.
(e)
In the event that the Floodplain Administrator discovers that
the work does not comply with the permit application or any applicable
laws and regulations, or that there has been a false statement or
misrepresentation by any applicant, the Floodplain Administrator shall
revoke the permit and report such fact to the Board of Supervisors
for whatever action they consider necessary.
(f)
The Floodplain Administrator shall maintain all records associated
with the requirements of this article including, but not limited to,
permitting, inspection, and enforcement.
(g)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
[Amended 1-16-2012 by Ord. No. 237]
A.
Identification.
(1)
The identified floodplain area shall be any areas of Washington Township,
classified as special flood hazard areas (SFHAs) in the Flood Insurance
Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs)
dated January 18, 2012, and issued by the Federal Emergency Management
Agency (FEMA) or the most recent revision thereof, including all digital
data developed as part of the Flood Insurance Study and any Community
Identified Flood Hazard Area.
(2)
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by Washington Township and declared
to be a part of this article.
B.
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(1)
The Floodway Area/District identified as floodway in the FIS
which represents the channel of a watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation by more than one
foot at any point. This term shall also include floodway areas which
have been identified in other available studies or sources of information
for those special floodplain areas where no floodway has been identified
in the FIS.
(a)
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(b)
No new construction or development shall be allowed unless a
permit is obtained from the Department of Environmental Protection
Regional Office.
(2)
AE Area/District.
(a)
The AE Area/District without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA and
for which base flood elevations have been provided in FIS but no floodway
has been delineated.
(b)
In the AE Area/District without floodway, no new development
shall be permitted unless it can be demonstrated that the cumulative
effect of all past and projected development will not increase the
BFE by more than one foot.
(3)
A Area/District.
(a)
The A Area/District shall be those areas identified as an A
Zone on the FIRM included in the FIS prepared by FEMA and for which
no one-percent annual-chance flood elevations have been provided.
For these areas, elevation and floodway information from other federal,
state, or other acceptable source shall be used when available. Where
other acceptable information is not available, the elevation shall
be determined by using the elevation of a point on the boundary of
the identified floodplain area which is nearest the construction site.
(b)
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or other individuals with demonstrated
qualifications, who shall certify that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in sufficient detail
to allow a thorough technical review by the municipality.
(4)
The Shallow Flooding Area/District shall be those areas identified
as Zone AH on the FIRM and in the FIS. These areas are subject to
inundation by one-percent-annual-chance shallow flooding where average
depths are between one and three feet. In Zone AH, drainage paths
shall be established to guide floodwaters around and away from structures
on slopes.
C.
Changes in identification of area. The identified floodplain area
may be revised or modified by the Board of Supervisors where studies
or information provided by a qualified agency or person documents
the need for such revision. However, prior to any such change, approval
must be obtained from the FEMA. Additionally, as soon as practicable,
but not later than six months after the date such information becomes
available, a community shall notify the FEMA of the changes by submitting
technical or scientific data.
D.
Boundary disputes. Should a dispute concerning an identified floodplain
boundary arise, an initial determination shall be made by the Washington
Township Planning Committee and any party aggrieved by this decision
or determination may appeal to the Board of Supervisors. The burden
of proof shall be on the appellant.
[Amended 12-16-2019 by Ord. No. 271]
E.
Jurisdictional boundary changes. Prior to development occurring in
areas where annexation or other corporate boundary changes are proposed
or have occurred, the community shall review flood hazard data affecting
the lands subject to boundary changes. The community shall adopt and
enforce floodplain regulations in areas subject to annexation or corporate
boundary changes which meet or exceed those in 44 CFR 60.3.
A.
All uses, activities, and development occurring within
any floodplain district shall be undertaken, only in strict compliance
with the provisions of this chapter and with all other applicable
codes and ordinances such as the Uniform Construction Code (UCC)[1] and Chapter 310, Subdivision and Land Development.
[Amended 11-6-2006 by Ord. No. 202]
B.
Under no circumstances shall any use, activity and/or
development adversely affect the capacity of the channels or floodways
of any watercourse, drainage ditch, or any other drainage facility
or system.
C.
Prior to any proposed alteration or relocation of
any stream, watercourse, etc. within the municipality, a permit shall
be obtained from the Department of Environmental Protection, Bureau
of Dams and Waterways Management. Further, notifications shall be
forwarded to both the Federal Insurance Administration and the Department
of Community and Economic Development (DCED).
[Amended 11-6-2006 by Ord. No. 202; 1-16-2012 by Ord. No.
237]
(1)
Floodway District. In the Floodway District, any new
construction and/or development that would cause any increase in flood
heights shall be prohibited.
(a)
Permitted uses. In the Floodway District, the
following open space uses are permitted, provided they are in compliance
with the provisions of the underlying district and are not prohibited
by any other ordinance and provided that they do not require structures,
fill, or storage of materials and equipment:
[1]
Agricultural uses such as general farming, pasture
grazing, outdoor plant nurseries, horticulture, truck farming, forestry,
sod farming, and wild crop harvesting.
[2]
Public and private recreational uses and activities
such as parks, day camps, picnic grounds, golf courses, boat launching
and swimming areas, hiking, and horseback riding trails, wildlife
and nature preserves, game farms, fish hatcheries, trap and skeet
game ranges, and hunting and fishing areas.
[3]
Accessory residential uses such as yard areas,
gardens, play areas, and previous parking areas.
(b)
Conditional uses. The following uses are permitted conditionally to the extent that they are not prohibited by any other section of this chapter or by any other ordinance and provided they meet the requirements of § 360-115 of this article.
(c)
Prohibited uses. The following uses are specifically
prohibited within the Floodway Zone:
[1]
Structures (including but not limited to public
and private hospitals, sanitariums, nursing or convalescent homes
and jails or prisons).
[2]
Sanitary landfills and dumps.
[3]
Stockyards.
[4]
Junkyards.
[5]
Quarries and rock crushing operations.
[6]
Asphalt, limestone and cement plants.
[7]
Manufactured homes and manufactured home parks
or subdivisions.
[Amended 11-16-2009 by Ord. No. 224]
[Amended 11-16-2009 by Ord. No. 224; 1-16-2012 by Ord. No. 237]
A.
Alteration or relocation of watercourse.
(1)
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the municipality,
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection regional office.
(2)
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse unless it can be shown that the activity will
not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(3)
In addition, the FEMA and Pennsylvania Department of Community and
Economic Development shall be notified prior to any alteration or
relocation of any watercourse.
B.
Technical or scientific data shall be submitted by the applicant
to FEMA for a letter of map revision (LOMR) as soon as practicable
but within six months of any new construction, development, or other
activity resulting in changes in the BFE. The situations when a LOMR
or a conditional letter of map revision (CLOMR) are required are:
(1)
Any development that causes a rise in the base flood elevation within
the floodway; or
(2)
Any development occurring in Zones A1-30 and Zone AE without a designated
floodway, which will cause a rise of more than one foot in the base
flood elevation; or
(3)
Alteration or relocation of a stream (including but not limited to
installing culverts and bridges).
C.
Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this article and any other applicable
codes, ordinances, and regulations.
D.
Within any identified floodplain area [see § 360-113B(1)], no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection regional office.
E.
Elevation and floodproofing requirements.
(1)
Residential structures.
(a)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to or above the regulatory flood elevation.
(b)
In A Zones, where there are no base flood elevations specified
on the FIRM, any new construction or substantial improvement shall
have the lowest floor (including basement) elevated at or above the
regulatory flood elevation determined in accordance with this article.
(c)
The design and construction standards and specification contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401-405, as amended) shall be utilized.
(2)
Nonresidential structures.
(a)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to or above the regulatory flood elevation.
(b)
In A Zones, where there are no base flood elevations specified
on the FIRM, any new construction or substantial improvement shall
have the lowest floor (including basement) elevated at or above the
regulatory flood elevation determined in accordance with this article.
(c)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations," published by the
United States Army Corps of Engineers (June 1972, as amended March
1992) or with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above-referenced standards.
F.
Space below the lowest floor. Enclosures below the lowest floor (including
basement) are prohibited.
G.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from
all points;
(2)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
(3)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(4)
Be no steeper than one vertical to two horizontal feet, unless
substantiated data justifying steeper slopes are submitted to and
approved by the Floodplain Administrator; and
(5)
Be used to the extent to which it does not adversely affect
adjacent properties.
H.
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure proper drainage along streets, and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
I.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site sewage system shall be located within
any identified floodplain area except in strict compliance with all
State and local regulations for such systems. If any such system is
permitted, it shall be located so as to avoid impairment to it, or
contamination from it, during a flood.
(4)
The design and construction provisions of the UCC and FEMA No.
348, "Protecting Building Utilities From Flood Damages," and the International
Private Sewage Disposal Code shall be utilized.
J.
Other Utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
K.
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
L.
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 360-115U, Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
M.
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
N.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(2)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
O.
Floors, walls and ceilings.
(1)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain without causing structural damage
to the building.
(2)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(3)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(4)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
P.
Paints and adhesives.
(1)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) used at
or below the regulatory flood elevation shall be finished with a marine
or water-resistant paint or other finishing material.
R.
Equipment. Water heaters, furnaces, air conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
S.
Fuel supply systems. All gas and oil supply systems shall be designed
to prevent the infiltration of floodwaters into the system and discharges
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
T.
Uniform Construction Code Coordination. The Standards and Specifications
contained in 34 Pa. Code (Chapters 401-405), as amended, and not limited
to the following provisions shall apply to the above and other sections
and subsections of this article, to the extent that they are more
restrictive and supplement the requirements of this article.
(1)
International Building Code (IBC) 2009 or the latest edition
thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G.
(2)
International Residential Building Code (IRC) 2009 or the latest
edition thereof: Sections R104, R105, R109, R323, Appendix AE101,
Appendix E and Appendix J.
U.
Development which may endanger human life.
(1)
In accordance with the Pennsylvania Floodplain Management Act,
and the regulations adopted by the Department of Community and Economic
Development as required by the Act, any new or substantially improved
structure which will be used for the production or storage of any
of the following dangerous materials or substances; or will be used
for any activity requiring the maintenance of a supply of more than
550 gallons, or other comparable volume, of any of the following dangerous
materials or substances on the premises; or will involve the production,
storage, or use of any amount of radioactive substances shall be subject
to the provisions of this section, in addition to all other applicable
provisions. The following list of materials and substances are considered
dangerous to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(2)
Within any floodway area, any structure of the kind described in § 360-115U(1), above, shall be prohibited.
(3)
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in § 360-115U(1), above, shall be elevated, or in the case of a nonresidential structure, elevated or designed, and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation, and designed to prevent pollution from the structure or activity during the course of a base flood. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (United States Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.
V.
Special requirements for subdivisions. All subdivision proposals
and development proposals containing at least 50 lots or at least
five acres, whichever is the lesser, in identified floodplain areas
where base flood elevation data are not available, shall be supported
by hydrologic and hydraulic engineering analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA for
a conditional letter of map revision or letter of map revision. Submittal
requirements and processing fees shall be the responsibility of the
applicant.
W.
Special requirements for manufactured homes.
(1)
Where permitted within any identified floodplain area, all manufactured
homes, and any improvements thereto, shall be:
(2)
Installation of manufactured homes shall be done in accordance
with the manufacturers' installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 International Residential
Building Code or the United States Department of Housing and Urban
Development's Permanent Foundations for Manufactured Housing, 1984
Edition, draft or latest revision thereto shall apply and 34 Pa. Code
Chapter 401-405.
(3)
Consideration shall be given to the installation requirements
of the 2009 IBC and the 2009 IRC, or the most recent revisions thereto,
and 34 Pa. Code, as amended, where appropriate and/or applicable to
units where the manufacturers' standards for anchoring cannot be provided
or were not established for the units' proposed installation.
Y.
Existing structures in identified floodplain areas.
(1)
Existing structures. The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 360-115X(2) shall apply.
(2)
Improvements. The following provisions shall apply whenever
any improvement is made to an existing structure located within any
identified floodplain area:
(a)
No expansion or enlargement of an existing structure shall be
allowed within any floodway area district that would cause any increase
in BFE.
(b)
No expansion or enlargement of an existing structure shall be
allowed within the AE Area/District without floodway that would, together
with all other existing and anticipated development, increase the
BFE more than one foot at any point.
(c)
Any modification, alteration, reconstruction, or improvement,
of any kind to an existing structure, to an extent or amount of 50%
or more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this article.
(d)
The above activity shall also address the requirements of the
34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
Z.
Variances.
(1)
If compliance with any of the requirements of this article would result in an exceptional hardship to a prospective builder, developer or landowner, Washington Township may, upon request, grant relief from the strict application of the requirements. Requests for variances shall be considered by the Washington Township in accordance with the procedures contained in § 360-116I and the following:
(a)
No variance shall be granted for any construction, development,
use, or activity within any floodway area/district that would cause
any increase in the BFE.
(b)
No variance shall be granted for any construction, development,
use, or activity within any AE Area/District without floodway that
would, together with all other existing and anticipated development,
increase the BFE more than one foot at any point.
(d)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(e)
In granting any variance, Washington Township shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety, and welfare, and to achieve
the objectives of this article.
(2)
A complete record of all variance requests and related actions
shall be maintained by Washington Township. In addition, a report
of all variances granted during the year shall be included in the
annual report to the FEMA.
(3)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.
[Amended 1-16-2012 by Ord. No. 237]
A.
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by Washington Township. Such application
shall contain the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which proposed construction
is to occur.
(3)
Name and address of contractor.
(4)
Site location, including address.
(5)
Listing of other permits required.
(6)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
(7)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
B.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the Floodplain Administrator to determine that:
(1)
All such proposals are consistent with the need to minimize flood
damage and conform with the requirements of this and all other applicable
codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas, electrical and
water systems are located and constructed to minimize or eliminate
flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards;
(4)
Structures will be anchored to prevent floatation, collapse, or lateral
movement;
(5)
Building materials are flood-resistant;
(6)
Appropriate practices that minimize flood damage have been used;
and
(7)
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
C.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
(1)
A completed permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(d)
The location of all existing streets, drives, and other accessways;
and
(e)
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water including direction and velocities.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(4)
The following data and documentation:
(a)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood;
(b)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations;
(c)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway [see § 360-113B(2)], when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point;
(d)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact, and uplift forces associated with the base flood. Such statement
shall include a description of the type and extent of flood proofing
measures which have been incorporated into the design of the structure
and/or the development;
(f)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development"; and
(g)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
(5)
Applications for permits shall be accompanied by a fee, payable
to the municipality based upon the estimated cost of the proposed
construction as determined by the Floodplain Administrator.
D.
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., Planning Committee, municipal engineer, etc.) for review and
comment.
[Amended 12-16-2019 by Ord. No. 271]
E.
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing, and
shall be submitted by the applicant to Floodplain Administrator for
consideration.
F.
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the permit and the date of its issuance and be signed by
the Floodplain Administrator.
G.
Start of construction.
(1)
Work on the proposed construction or development shall begin
within 180 days after the date of issuance and shall be completed
within 12 months after the date of issuance of the permit, or the
permit shall expire unless a time extension is granted, in writing,
by the Floodplain Administrator. The actual start of construction
means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading, and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
(2)
Time extensions shall be granted only if a written request is
submitted by the applicant, which sets forth sufficient and reasonable
cause for the Floodplain Administrator to approve such a request.
J.
Prohibited activities.
(1)
